State Ex Rel. Carlton v. Triplett

The opinion of the court was delivered by

Fora, C.:

The issue in this case is whether incorporators who did no more than sign the articles of incorporation of a defectively formed Kansas corporation thereby became personally liable for obligations later incurred by others acting in the name of the purported corporation.

The purported corporation was “Air Capital International, Inc.,” which commenced doing business in August, 1967, and continued until at least some time in early 1971. The obligations sought to be enforced are taxes in the form of contributions to the state employment security…